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HomeMy WebLinkAboutDTS-05-176 - Plan of Subdivision 30T-03203 - MP 03/03/G/DR - ZC 03/20/G/DR ) R Development & Technical Services Report To: Date of Meeti ng : Submitted By: Prepared By: Ward(s) Involved: Date of Report: Report No.: Subject: Development and Technical Services Committee November 21,2005 Jeff Willmer, Director of Planning (741-2325) Della Ross, Senior Planner (741-2327) Ward 4 November 3, 2005 DTS-05-176 Plan of Subdivision 30T -03203 MP 03/03/G/DR ZC 03/20/G/DR Groh Drive Hallman Construction Ltd. EXECUTIVE SUMMARY: Hallman Construction Ltd. is proposing to develop Plan of Subdivision 30T-03203, which is located on Groh Drive at Stauffer Drive. The subject property is 14.6 hectares in size and proposes a total of 118 to 225 single detached and semi detached units, along with a park block, open space blocks and a storm water management block. Approximately 2.4 ha of environmental features, including a portion of Environmentally Sensitive Policy Area 34 located in the northwesterly portion of the plan, is to be dedicated to the City as public open space. RECOMMENDATION: A. That Municipal Plan Amendment Application MP 03/03/G/DR being an amendment to Amend Map 5, Land Use Plan, by redesignating lands from Limited Service Residential to Low Rise Residential, be approved in the form shown in the proposed amendment. B. That the Doon South Community Plan be revised to amend the Land Use Map, as shown on the plan dated October 31, 2003 attached to Report DTS 05-076. C. That Zone Change Application ZC 03/20/G/DR (Hallman Construction Ltd.) requesting a change in zoning from Agricultural Zone (A-1) to Residential Four Zone (R-4), Public Park Zone (P-1) and Hazard Land Zone (P-3) on lands legally described as Pt of Lot 2, Beasley's New Survey, Pt. 1, 2 & Pt of Pt 3, Plan 58R-14886, in the City of Kitchener, be approved in the form shown in the attached "Proposed By-law", dated October 18, 2005, without conditions. D. That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act R.S.O. 1990, Chapter P 13 as amended, and delegation by-law 2002-64, grant draft approval to Plan of Subdivision Application 30T-03203, in the City of Kitchener, for Hallman Construction Ltd., subject to the following conditions: 1. That this approval applies to Plan of Subdivision 30T -03203 as shown on the plan prepared by MHBC and as shown on the attached Plan of Subdivision prepared by the City of Kitchener dated October 18, 2005, which shows the following: Staae One Blocks 1 to 9 Block 1 0 Block 11 Blocks 12 to 14 Block 15 Blocks 16 and 18 Block 17 Blocks 19 and 20 Block 21 Staae Two Lots 1 to 8 Blocks 9 and 1 0 Block 11 Blocks 12 and 13 - residential (single/semi) - park - future developmenVtemporary road - future development - open space - open space/storm water management - open space/trail - service corridor/walkway - 0.3 metre reserve - residential (single/semi) - future developmenVtemporary road - future development - open space 2 Blocks 14 and 15 Block 16 Blocks 17 and 18 - open space/trail - service corridor/walkway - 0.3 metre reserves Total Units 118 to 225 single/semi detached residential 2. CITY OF KITCHENER CONDITIONS: 2.1 That the Mayor and Clerk be authorized to sign a City Standard Residential Subdivision Agreement, satisfactory to the City Solicitor, with the SUBDIVIDER (Hallman Construction Ltd.) regarding the lands shown outlined on the attached Plan of Subdivision dated October 18, 2005 and which shall contain the following special conditions: Part 2 - Prior to Area Gradina 2.1 The SUBDIVIDER shall prepare an Area Grading, Erosion and Siltation Control Plan to the satisfaction of the CITY's Director of Engineering Services, and those applicable City Departments or regulatory agencies, including the Regional Municipality of Waterloo determined by the CITY's Director of Engineering Services at the time of draft approval. 2.8a) In consideration of the wooded character of the subdivision lands and the CITY's desire to minimize the impact of development on the treed areas worth retaining, the SUBDIVIDER agrees to submit a Detailed Vegetation Plan including stewardship initiatives, suitable silt and vegetation protection measures to be erected along the outer edge of the E.S.P.A. buffer area in consultation with the Regional Municipality of Waterloo, and trails, as required by the Tree Management Policy, and to obtain approval from the CITY's Director of Planning in consultation with the General Manager of Community Services. b) The SUBDIVIDER shall provide a digital copy of the approved Detailed Vegetation Plan to the CITY's Director of Planning. c) The SUBDIVIDER agrees to implement all approved measures for the protection of isolated trees, tree clusters and woodlands as approved in the Detailed Vegetation Plan including recommendations from the Corridor Enhancement Plan and Community Trail Design Guidelines required for the future scenic trails on Groh Drive and Stauffer Drive, and silt an vegetation protection measures erected along the outer edge of the E.S.P.A. buffer area, and to provide written certification from the SUBDIVIDER's Environmental Consultant to the CITY's Director of Planning that all protection measures have been implemented and inspected, in accordance with the CITY's Tree Management Policy. 2.11 The SUBDIVIDER agrees to submit, obtain approval of and implement a detailed "during development" monitoring and response program. The program is to be approved by the Director of Engineering in consultation with the Director of Planning, the General Manager of Community Services, the Grand River Conservation Authority and the Regional Municipality of Waterloo. The purpose of the "during development " monitoring program is to ensure the stormwater 3 management facilities satisfy the design criteria specified in the Doon South Creek Subwatershed Plan and to ensure erosion, sedimentation and siltation control measures are maintained and function as approved. The "during development" monitoring program is to extend until substantial completion of the development to the satisfaction of the City's Director of Engineering. The developer further agrees to implement any remedial action deemed necessary as a result of the aforementioned monitoring program at their sole expense to the satisfaction of the Director of Engineering. This shall include any remediation due to sedimentation of the wetlands south of Stauffer Drive and the shallow stream north of Stauffer Drive which may be caused by grading construction or building activities within the subdivision. 2.12 The SUBDIVIDER agrees to submit, obtain approval of, and implement a detailed "post development" monitoring program. The program is to be approved by the, Director of Engineering in consultation with the Director of Planning, the General Manager of Community Services, the Grand River Conservation Authority and the Regional Municipality of Waterloo. The purpose of the "post development" monitoring program is to ensure that stormwater management facilities continue to satisfy the design criteria specified in the Doon South Creek Subwatershed Plan and to identify any specific additional maintenance requirements that may be necessary, including but not limited to erosion, sedimentation and siltation control measures. The "post development" monitoring program will extend for 24 months from the substantial completion of the development to the satisfaction of the City's Director of Engineering and coincide with the maintenance guarantee period required in the City's Standard Form Residential Subdivision Agreement. The developer further agrees to implement any remedial action deemed necessary as a result of the aforementioned monitoring program at their sole expense to the satisfaction of the Director of Engineering. This shall include any remediation due to sedimentation of the wetland south of Stauffer Drive and the shallow stream north of Stauffer Drive which may be caused by grading, construction or building activities within the subdivision. 2.15 The SUBDIVIDER agrees to prepare a Corridor Enhancement Plan for the sections of Stauffer Drive and Groh Drive adjacent to the plan which are to be converted to scenic trails, to be approved by the Director of Planning. The Corridor Enhancement Plan shall examine and address measures to be implemented to conserve and enhance the scenic-heritage attributes of Stauffer Drive and Groh Drive, and shall identify the amount of dedication required to allow for the protection of existing significant vegetation, identify opportunities for replanting and enhancement of vegetation along the corridor, address the preservation of grades and road profile, and the location and design of fencing separating public and private space. The Corridor Enhancement Plan shall be prepared in conjunction with the Detailed Vegetation Plan. 2.16 The SUBDIVIDER agrees to prepare, a Community Trail Design Study, for the sections of Stauffer Drive and Groh Drive adjacent to the plan which are to be converted to scenic trails, to be approved by the General Manager of Community Services. The Study should consider the recommendations of the Corridor Enhancement Plan in preparing design guidelines for the future scenic trail and for 4 the intersection of Thomas Slee Drive and Groh Drive, with a view to conserve and enhance the scenic-heritage attributes of Groh Drive and Stauffer Drive. The Study shall address traffic control measures and other public safety considerations, surface treatment to delineate traveled roadway from community trail at various stages of development, opportunities for signage, trail furniture, lighting and shall identify a recommended landscape plan for the scenic trail. Part 3 - Prior to Servicina 3.3. The SUBDIVIDER shall prepare a detailed engineering design for stormwater management and obtain approval thereof, from the CITY's Director of Engineering Services, in consultation with the CITY's General Manager of Community Services and those applicable regulatory bodies, including Hydro One, determined by the CITY's Director of Engineering Services at the time of draft approval. 3.4. The SUBDIVIDER shall obtain approval of a Lot Grading Control Plan showing the required elevation of each corner of each lot and block in the Plan and the required elevation(s) of the building site as approved by the CITY's Director of Engineering Services, in consultation with those applicable regulatory agencies, including Hydro One, determined at the time of draft approval. Further, the SUBDIVIDER agrees to provide a digital copy of the approved Lot Grading Control Plan to the CITY's Director of Engineering Services once the plan is approved. 3.16 That in the interest of providing flexibility of dwelling types and variety of lot widths, the SUBDIVIDER agrees that of the units built fronting Thomas Slee Drive that not more than 300/0 shall be semi-detached houses and not less than 300/0 shall have a minimum lot frontage of 12 metres. Part 6 - Other Time Frames 6.10 The SUBDIVIDER agrees that construction traffic to and from the proposed subdivision shall be restricted to using Thomas Slee Drive to Doon South Drive to Homer Watson Boulevard only and prohibited from using any other streets in the community. The SUBDIVIDER agrees to advise all relevant contractors, builders and other persons of this requirement with the SUBDIVIDER being responsible for any required signage, all to the satisfaction of the CITY'S Director of Engineering. 6.11 The SUBDIVIDER agrees to provide an easement to the CITY, for the purpose of providing servicing to adjacent lands, if necessary, to the satisfaction of the CITY's Director of Engineering in consultation with the consulting engineer for the SUBDIVIDER. The CITY agrees to quit claim the easement when appropriate. 6.12 The SUBDIVIDER agrees that if the existing private water supply is disrupted to properties located adjacent to the plan on Dodge Drive and Groh Drive, within two years of the completion and acceptance of underground services for the entire subdivision, as a result of the development of the subdivision, it shall provide at its cost a water supply, to the said properties, to the satisfaction of the CITY's Director of Engineering. 5 6.13 The SUBDIVIDER agrees that once Thomas Slee Drive is constructed to Groh Drive, that a barrier shall be erected to prevent motor vehicle traffic from using Groh Drive. The barrier will be to the satisfaction of the CITY's Director of Transportation Planning. 6.14 The SUBDIVIDER agrees to construct at the Subdivider's cost a temporary access road, from Steepleridge Street to Netherwood Crescent, across the Hydro Corridor, as generally outlined on the draft plan. Said temporary road shall be constructed to City standards, be acceptable to Hydro One, and shall be completed and open to vehicular traffic to the satisfaction of the City's Director of Transportation prior to the issuance of any building permits for Stage 2. The SUBDIVIDER further agrees to provide an easement to the City for the lands on which the proposed temporary road shall be located. The appropriate easement shall be granted to the City prior to the registration of the plan of subdivision. The City agrees to quit claim the easement after completion of Thomas Slee Drive through the plan of subdivision to the west of Groh Drive. 6.15 The SUBDIVIDER agrees to provide an easement and construct a service access to the south end of the storm water management pond, across Block 12 (Stage 2) to the satisfaction of the City's Director of Engineering. 6.16 The SUBDIVIDER agrees to construct traffic calming features, if required to provide for trail crossing safety and trail enhancement, as part of the construction of Thomas Slee Drive where it crosses the hydro corridor, to the satisfaction of the CITY's Director of Transportation Planning in consultation with the General Manager of Community Services and Director of Planning. 6.17 The SUBDIVIDER agrees to design the neighbourhood park to the satisfaction of the General Manager of Community Services prior to registration. The SUBDIVIDER further agrees to complete construction of the neighbourhood park within one year of registration of Stage One. Any construction costs, such as playground equipment and landscaping, shall be paid for by the developer and refunded through development charge credits. 2.2 That prior to final approval of the plan to be registered, the SUBDIVIDER shall fulfill the following conditions: 1. The City Standard Residential Subdivision Agreement be registered on title. 2. The SUBDIVIDER shall submit copies of the final plan for registration to the CITY'S Director of Planning and shall obtain approval therefrom. 3. The SUBDIVIDER agrees to commute all local improvement charges outstanding on any part of the lands and to pay all outstanding taxes on the lands. 4. The SUBDIVIDER agrees to stage the plan to the satisfaction of the Director of Planning. 6 5. The final plan for registration shall show all lots intended for development as single detached, semi detached or duplex dwellings and a City Standard Supplementary Residential Subdivision Agreement showing such lotting shall be registered for each stage prior to the registration of such stage. The final lotting plan will ensure appropriate zoning regulations would be complied with for lots within Block 3 and Block 4, Stage 2 that will be corner lots if future development Block 11 Stage 2 develops as a public roadway. This condition shall not apply if the plan is to be registered prior to the approval of servicing plans. The final lotting plan shall also include an on-street parking plan showing a minimum of one on-street parking spot for every two houses, where possible, to the satisfaction of the Director of Planning. 6. The SUBDIVIDER agrees to show emergency access/secondary access, if required in accordance with City policy, on the final plans for registration to the satisfaction of the Director of Planning. 7. The SUBDIVIDER shall install within the subdivision any required geodetic monuments under the direction of the CITY'S Director of Engineering, with co-ordinate values and elevations thereon and submit for registration the plans showing the location of the monuments, their co-ordinate values, elevations and code numbers as prescribed by the Surveyor General of Ontario. 8. The SUBDIVIDER shall make satisfactory arrangements with Kitchener Wilmot Hydro for the provision of permanent electrical services to the subdivision and/or the relocation of the existing services. Further, the SUBDIVIDER acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. 9. The SUBDIVIDER shall make satisfactory arrangements for the provision of permanent telephone services to the subdivision and/or the relocation of the existing services. Further, the SUBDIVIDER acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. 10. The SUBDIVIDER shall make arrangements for the granting of any easements required for utilities and municipal services. The SUBDIVIDER agrees to comply with the following easement procedure: (a) to provide copies of the subdivision plan proposed for registration and reference plan(s) showing the easements to HYDRO, and telephone companies and the City, to the CITY'S Director of Planning. (b) to ensure that there are no conflicts between the desired locations for utility easements and those easement locations required by the CITY'S Director of Engineering Services for municipal services; (c) to ensure that there are no conflicts between utility or municipal service easement locations and any approved Tree Preservation/Enhancement Plan; (d) if utility easement locations are proposed within lands to be conveyed to, or presently owned by the CITY, the SUBDIVIDER shall obtain prior written 7 approval from the CITY'S Director of Planning or, in the case of parkland, the CITY'S General Manager of Community Services; and (e) to provide to the CITY'S Director of Planning, a clearance letter from each of HYDRO and telephone companies. Such letter shall state that the respective utility company has received all required grants of easement, or alternatively, no easements are required. 10. The SUBDIVIDER shall dedicate all roads, road widenings and public walkways to the CITY by the registration of the Plan of Subdivision. 11. The SUBDIVIDER shall erect and maintain a subdivision billboard sign at each major entrance to the subdivision, in accordance with a plan approved by the CITY'S Director of Planning, in accordance with the following criteria: a) The sign shall be located outside the required yard setbacks of the applicable zone and outside the corner visibility triangle, with the specific, appropriate location to be approved by the CITY's Director of Planning; b) The sign shall have a minimum clearance of 1.5 metres, a maximum height of 6 metres, and a maximum area of 13 square metres; c) Graphics shall depict the features within the limits of the subdivision including, without limiting the generality of the foregoing, approved street layout, including emergency access roads, zoning, lotting and specific land uses, types of parks, storm water management areas, hydro corridors, trail links and walkways, potential or planned transit routes and bus stop locations, notification regarding contacts for school sites, noise attenuation measures, environmentally sensitive areas, tree protection areas, special buffer/landscaping areas, water courses, flood plain areas, railway lines and hazard areas and shall also make general reference to land uses on adjacent lands including references to any formal development applications, all to the satisfaction of the CITY'S Director of Planning; d) Approved subdivision billboard locations shall be conveniently accessible to the public for viewing. Low maintenance landscaping is required around the sign and suitable parking and pedestrian access may be required between the sign location and public roadway in order to provide convenient accessibility for viewing; and, e) The SUBDIVIDER shall ensure that the information is current as of the date the sign is erected. Notice shall be posted on the subdivision billboard signs advising that information may not be current and to obtain updated information, inquiries should be made at the City's Department of Development and Technical Services. 13. The SUBDIVIDER agrees that the streets shall be named to the satisfaction of the CITY'S Director of Planning in accordance with Council Policy I -1070. 14. To expedite the approval for registration, the SUBDIVIDER shall submit to the City's Director of Planning, a detailed written submission documenting how all conditions 8 imposed by this approval that require completion prior to registration of the subdivision plan(s), have been satisfied. 15. The SUBDIVIDER agrees to convey to the City the following lands for the purposes stated therein, at no cost and free of encumbrance, concurrently with the registration of the plan of subdivision: a) Block 21 (Stage 1) and Blocks 17 and 18 (Stage 2) for a 0.3m reserves; b) Block 15, 16 and 17 (Stage 1) and Blocks 12 to 15 (Stage 2) as Open Space; c) Block 18 (Stage 1) Stormwater Management Facility: d) Block 1 0 ( Stage 1) as Park. 16. That prior to registration of each stage, the SUBDIVIDER shall submit a detailed "during development" monitoring and response program and obtain approval from the City's Director of Engineering in consultation with the City's Director of Planning, the City's General Manager of Community Services, the Grand River Conservation Authority and the Regional Municipality of Waterloo. 17. That prior to the registration of each stage, the SUBDIVIDER agrees to submit a detailed "post development" monitoring program and obtain approval from City's Director of Engineering in consultation with the City's Director of Planning, the City's General Manager of Community Services, the Grand River Conservation Authority and the Regional Municipality of Waterloo. 18. The SUBDIVIDER agrees to include a statement in all Offers of Purchase and Sales Agreements that advises: i. that the home/business mail delivery will be from one or more designated Centralized Mail Boxes. ii. that the subdividers be responsible for officially notifying the purchasers of the exact Centralized Mailbox locations prior to the closing of any home sales iii. that the location of all centralized mail receiving facilities shall be shown on maps, information boards and plans, including maps displayed in the sales office(s). 19. The SUBDIVIDER shall satisfy the total 50/0 parkland dedication for the entire subdivision by the conveyance of Block 10 (Stage 1), Block 17 (Stage 1), Blocks 13, 14 and 15 (Stage 2). 20. The SUBDIVIDER agrees that if servicing or grading has not commenced prior to final approval of the plan, a Detailed Vegetation Plan is to be submitted for approval by the City's Director of Planning. The Detailed Vegetation Plan shall also show approved grading. The SUBDIVIDER agrees to implement all of the measures identified in the approved Detailed Vegetation Plan including delivering all information contained in the approved Detailed Vegetation Plan to prospective purchasers to ensure that the requirements are carried out as specified. 21. The SUBDIVIDER agrees to have all proposed tree and shrub plantings on public rights of way reviewed and approved by the General Manager of Community Services. 9 22. The SUBDIVIDER agrees that this plan not proceed to registration until Steepleridge Street and Thomas Slee Drive in the adjacent Plan of Subdivision 30T-95018 are constructed and open to public vehicular traffic to provide appropriate access to this plan. 23. The SUBDIVIDER shall submit to and obtain approval of landscape plans of the stormwater management facilities and buffer areas of ESPA 34 to be prepared by an environmental professional acceptable to the City's General Manager of Community Services in consultation with the Regional Municipality of Waterloo. 24. The SUBDIVIDER agrees to obtain the appropriate land use plan, from the City of Kitchener, for the area being subdivided in order to satisfy Condition 1.22a) of the Subdivision Agreement. 25. The SUBDIVIDER agrees that prior to registration of any stage to erect signage, clearly setting out the City's future intent to close Groh Drive and Stauffer Drive to vehicular traffic and incorporate the road right-of-way into the community trail system. The location and content of said signage shall be approved the City's Director of Planning. 26. The SUBDIVIDER agrees to provide an easement to the City for the lands on which the proposed temporary road shall be located. The appropriate easement shall be granted to the City prior to the registration of the plan of subdivision. 3. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS That the Subdivider satisfies the following conditions to the satisfaction of the Regional Municipality of Waterloo Commissioner of Planning, Housing and Community Services: 1. That the owner agrees to stage the development of this subdivision in a manner satisfactory to the Regional Commissioner of Planning, Housing and Community Services. 2. That the plan submitted for final approval may incorporate a lot pattern for all blocks in which single detached, semi-detached and townhouse lots are permitted, at a density not exceeding the density identified in the draft approval conditions. 3. That the subdivision agreement be registered by the City of Kitchener against the land to which it applies and a copy of the registered agreement be forwarded to the Regional Commissioner of Planning, Housing and Community Services prior to final approval of the subdivision plan. 4. a) That the owner enter into an Agreement for Servicing with the Regional Municipality of Waterloo to preserve access to municipal water supply and municipal wastewater treatment services prior to final approval or any agreement for the installation of underground services, whichever occurs first. Where the owner has already entered into an agreement for the installation of underground servicing with the area municipality, such agreement shall be amended to provide for a Regional Agreement for Servicing prior to registration of any part of the plan. The Regional Commissioner of Transportation and Environmental Services shall advise prior to an Agreement for Servicing that sufficient water 10 supplies and wastewater treatment capacity is available for this plan, or the portion of the plan to be registered. b) That the owner include the following statement in all agreements of lease or purchase and sale that may be entered into pursuant to Section 52 of the Planning Act, prior to the registration of this plan: "The lot, lots, block or blocks which are the subject of this agreement of lease or purchase and sale are not yet registered as a plan of subdivision. The fulfilment of all conditions of draft plan approval, including the commitment of water supply and sewage treatment services thereto by the Region and other authorities, has not yet been completed to permit registration of the plan. Accordingly, the purchaser should be aware that the vendor is making no representation or warranty that the lot, lots, block or blocks which are the subject of this agreement or lease or purchase and sale will have all conditions of draft plan approval satisfied, including the availability of servicing, until the plan is registered. " 5. That prior to any grading or construction, and final approval of all or any part of the draft plan of subdivision, a consultant Archaeologist shall carry out an Archaeological Survey and Rescue Excavation of any significant archaeological remains found on the site, at the expense of the owner. A copy of the completed assessment and Ministry approval must be forwarded to the Regional Commissioner of Planning, Housing and Community Services for clearance of this condition. 6. That prior to final approval, the owner shall enter into an agreement with the Regional Municipality of Waterloo to provide a Letter of Credit in a form satisfactory to the Regional Solicitor for the future installation of concrete transit pads. 7. That prior to final approval and any grading or site alteration, the owner shall enter into an agreement with the Regional Municipality of Waterloo stating that prior to any grading or site alteration, suitable silt and vegetation protection measures be erected along the outer edge of the E.S.P.A buffer area (E.S.P.A limit plus 5 metres) in the Stage 1 and Stage 2 areas, and that these structures be regularly monitored and maintained in good working order throughout the duration of grading and construction and until landscaping is essentially complete to the satisfaction of the City of Kitchener's Director of Engineering in consultation with the Regional Municipality of Waterloo. 8. That prior to final approval, a detailed stormwater management plan be provided to demonstrate to the satisfaction of the Regional Municipality of Waterloo that there will be no net decrease in the volume of water infiltrated on the northern part of the property which flows toward Topper Swamp, and that infiltration galleries be installed wherever feasible on the entire property. The stormwater management design must provide on- site water quality controls to achieve Level 1 quality control. 9. That prior to final approval, the owner enter into an agreement with the Regional Municipality of Waterloo to install cut-off collars on sewerage in the event services are installed in low permeability silt-till areas. 10. That prior to final approval, the owner enter into an agreement with the Regional Municipality of Waterloo to erect a fence along the rear lot line for the lots in Stage 2 of the development which back onto E.S.P.A 34 to discourage intrusion into the buffer and 11 E.S.P.A to the satisfaction of the City of Kitchener's General Manager of Community Services in consultation with the Regional Municipality of Waterloo. 11. That prior to final approval, the owner shall provide documentation to the satisfaction of the Region indicating the ability to monitor Tributary J2 located on adjacent lands. 12. That prior to final approval of the plan the owner prepare a Noise Study to indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels for all lots adjacent to Thomas Slee Drive and if necessary, shall enter into a subdivision agreement with the City of Kitchener to provide for implementation of the approved noise study attenuation measures. 4. OTHER AGENCY CONDITIONS 1. Prior to any grading or construction on the site and prior to registration of the plan, the owners or their agents submit the following plans and reports to the satisfaction of the Grand River Conservation Authority. a) A detailed storm water management report in accordance with the 2003 Ministry of the Environment Report entitled "Stormwater Management Planning and Design Manual" and in keeping with the Preliminary Stormwater Management Report (revised September 28, 2004) and letter dated September 29, 2005 prepared by MTE Consultants Inc. b) A detailed Lot Grading, Servicing and Storm Drainage Plan. c) An Erosion and Siltation Control Plan in accordance with the Grand River Conservation Authority's Guidelines for sediment and erosion control, indicating the means whereby erosion will be minimized and silt maintained on site throughout all phases of grading and construction. d) The submission and approval of a Fill, Construction and Alteration to Waterways Permit from the GRCA prior to the construction of a stormwater management outlet within the floodplain of a tributary of Doon Creek. 5. CLEARANCE CONDITIONS 1. That prior to the signing of the final plan by the City's Director of Planning, the Director shall be advised by the Regional Commissioner of Planning, Housing and Community Services Conditions 3.1 to 3.12 have been carried out to the satisfaction of the Regional Municipality of Waterloo. The clearance letter from the Region shall include a brief statement detailing how each condition has been satisfied. 2. That prior to the signing of the final plan by the City's Director of Planning, the Director, shall be advised by the telephone company that Conditions 2.2.9 and 2.2.10 have been carried out satisfactorily. The clearance letter should contain a brief statement as to how the conditions were satisfied. 3. That prior to the signing of the final plan by the City's Director of Planning, the Director shall be advised by Kitchener Wilmot Hydro that Conditions 2.2.8 and 2.2.1 0 have been 12 carried out satisfactorily. The clearance letter should contain a brief statement as to how the conditions were satisfied. 4. That prior to the signing of the final plan by the City's Director of Planning, the Director shall be advised by Grand River Conservation Authority that Condition 4.1 has been carried out satisfactorily. The clearance letter should contain a brief statement as to how the condition was satisfied. 6. NOTES Development Charges 1. The owner/developer is advised that the provisions of the Development Charge By-laws of the City of Kitchener and the Regional Municipality are applicable. Registry Act 2. The final plans for Registration must be in conformity with Ontario Regulation 43/96, as amended, under The Registry Act. Updated Information 3. It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo and the City of Kitchener Business and Planning Services Departments of any changes in ownership, agent, address and phone number. Agreement 4. Most of the Regional Municipality of Waterloo conditions can be satisfied through an agreement. The onus is on the owner to contact Regional staff in writing to request the preparation of such an agreement. A copy of a reference plan showing the lands to be registered that are affected by the agreement and the conditions to be covered by the agreement should be provided. The fees for the preparation and registration of this agreement, payable to the Regional Municipality of Waterloo, are currently $375.00 and $50.00 respectively. Fees 5. The owner/developer is advised that the City of Kitchener and the Regional Municipality of Waterloo have adopted By-Laws, pursuant to Section 69 of the Planning Act, R.S.O. 1990 c. P .13, to prescribe a tariff of fees for application, recirculation, draft approval, modification to draft approval and registration release of plans of subdivision. Approvals for Servicing Systems 6. The proposed water distribution system meets the definition of a "water works" as defined in the Ontario Water Resources Act. Prior to the construction of the proposed water supply system. The proponent must ensure that the application for approval of water works, and appropriate supporting information, is submitted to the Ministry of the Environment for approval. Stormwater Management 7. The proposed stormwater management system meets the definition of a "sewage works" as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under Section 53 of the Ontario Water Resources Act prior to the construction of the proposed stormwater management system. The proponent must 13 ensure that the application for approval of sewage works, and appropriate supporting information, is submitted to the Ministry of the Environment for approval. Sewage System 8. The proposed sanitary sewage collection system meets the definition of a "sewage works' as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under section 53 of the Ontario Water Resources Act prior to the construction of the proposed sanitary sewage collection system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, is submitted to the Ministry of the Environment for approval. 9. Hydro One The transmission line abutting this subdivision operates at 500,000, 230,000 or 115,000 volts. Section 186 - Proximity - of the Regulations for Construction Projects in the Occupational Health and Safety Act, require that no object be brought closer than 6 metres (20 feet) to an energized 500 kV conductor. The distance for 230 kV conductors is 4.5 metres (15 feet) and for 115kV conductors it is 3 metres (10 feet). It is the proponent's responsibility to be aware, and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Act. They should also be aware that the conductors can raise and lower without warning depending on the electrical demand placed on the line. Further, during construction, there will be no storage of materials or mounding of earth or other debris on the right-of- way. Planning Act Applicability 1 O. This draft plan was received on October 1, 2003 and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c. P.13, as amended as of that date. Regional Servicing Agreement 11. The owner/developer is advised that draft approval is not a commitment by The Regional Municipality of Waterloo to water and wastewater servicing capacity. To secure this commitment the owner/developer must enter into an "Agreement for Servicing" with The Regional Municipality of Waterloo by requesting that the Region's Planning and Culture Department initiate preparation of the agreement. When sufficient capacity is confirmed by the Region's Commissioner of Engineering to service the density as defined by the plan to be registered, the owner/developer will be offered an "Agreement for Servicing". This agreement will be time limited, define the servicing commitment by density and use. Should the "Agreement for Servicing" expire prior to plan registration, a new agreement will be required. The owner/developer is to provide the Regional Municipality of Waterloo with two print copies of the proposed plan to be registered along with the written request for a servicing agreement. Registration Release 12. To ensure that a Regional Release is issued by the Regional Commissioner of Planning and Culture to the City of Kitchener prior to year end, it is the responsibility of the owner to ensure that all fees have been paid, that all Regional conditions have been satisfied and the required clearance letters, agreements, prints of plan to be registered, and any other required information or approvals have been deposited with the Regional Planner responsible for the file, no later than December 15th. Regional staff can not ensure that 14 a Regional Release would be issued prior to year end where the owner has failed to submit the appropriate documentation by this date. Final Plans - Subdivision 13. When the survey has been completed and the final plan prepared to satisfy the requirements of the Registry Act, they should be forwarded to the City of Kitchener. If the plans comply with the terms of approval, and we have received an assurance from the Regional Municipality of Waterloo and applicable clearance agencies that the necessary arrangements have been made, the signature of the CITY's Director of Planning will be endorsed on the plan and it will be forwarded to the Registry Office for reg istration. The following is required for registration and under The Registry Act and for our use: One Four Four (1 ) (4) (4) original mylar mylar copies white paper prints REPORT: Description Hallman Construction Ltd. is proposing to develop Plan of Subdivision 30T-03203, which is located on Groh Drive at Stauffer Drive. The subject property is 14.6 hectares in size and proposes between 118 and 225 single and semi detached units, as well as storm water management and open space amenities. This plan is an extension of Stages 8 and 9 of the Doon Mills plan of subdivision 30T -95018 to the east which is owned by Monarch Construction Ltd. Zonina A Zone Change Application is required to change the zoning on the property from Agricultural Zone (A-1) to Residential Four Zone (R-4) to permit single and semi detached units, Public Park Zone (P-1) to permit the proposed park areas and Hazard Land Zone (P-3) to protect natural areas. Municipal Plan Amendment An amendment to the City of Kitchener Municipal Plan is required to redesignate the lands within the plan that are within the Doon South Creek Watershed, from Limited Service Residential to Low Rise Residential. Initially it was thought that the subject lands were within the Blair Bechtel Bauman watershed and were designated Limited Service Residential. Since a portion of the lands can be serviced with the Doon South Creek Watershed, it is appropriate to redesignate to Low Rise Residential. Community Plan Amendment An amendment to the Doon South Community Plan is required to redesignate the lands within the plan that are within the Doon South Creek Watershed from Limited Service Residential to Low Density Residential. Initially it was thought that the subject lands were within the Blair Bechtel Bauman watershed and were designated Limited Service Residential. Since a portion of the lands can be serviced with the Doon South Creek Watershed, it is appropriate to redesignate to Low Density Residential. 15 Stormwater Manaaement The entire land parcel owned by Hallman Construction Ltd. is located within two watersheds, being the Doon South Creek watershed and the Blair, Bechtel and Bauman Creek subwatershed. The lands subject to the draft approval are the portion of the property within the Doon South Creek subwatershed. Lands within the Blair, Bechtel and Bauman Creek subwatershed are identified as "additional lands owned by the applicant" and are not being considered for approval at this time. The proposed stormwater management strategy for the subdivision includes the use of a stormwater management pond located near the northwestern portion of the property. The stormwater management pond is located within an open space block that is to be conveyed to the City. The preliminary stormwater management design concludes that the stormwater management design complies with the requirements of The Doon South Creek Subwatershed Study (1994). Sanitary/Water Servicina All lots will be serviced with gravity sanitary drainage and municipal water servIcing in accordance with City of Kitchener standards. The services are to be extended through the Monarch Subdivision (30T -95018) located to the north and east of the subject plan. Parks/ Open Space and Community Trails A neighbourhood park is proposed on the south side of Thomas Slee Drive at its intersection with the Ontario Hydro Corridor. As well, open space blocks within the Hydro corridor will be conveyed to the city and used for park/trail purposes including road crossing features to give prominence to the trail and to act as a traffic calming measure. The general location of these trails are shown on the draft plan. As well, approximately 2.4 ha of environmental features, including a portion of Environmentally Sensitive Policy Area 34 located in the northwesterly portion of the plan, is to be dedicated to the City as public open space. The Doon South Greenspace Management Plan, in combination with the Doon South Community Plan, establishes a scenic road network including Tilt Drive, Stauffer Drive and the portion of Groh Drive (from Stauffer Drive to Thomas Slee Drive) abutting this plan. The portions of these scenic roads abutting the draft plan will be converted to community trails according to the timing identified in the Doon South Community Plan. Corridor Enhancement Plan and Community Trail Desian Conditions of draft approval require the owner to prepare a corridor enhancement plan for the sections of Stauffer Drive and Groh Drive adjacent to the draft plan which are to be converted to scenic trails, to identify things such as opportunities for replanting, preservation of grades etc. As well a community trail design study is required to identify methods to conserve and enhance the scenic-heritage attributes, surface treatment and safety considerations. Extension of Thomas Slee Drive Thomas Slee Drive will be extended from the adjacent Monarch plan to Groh Drive. The future crossing of Groh Drive by Thomas Slee Drive is to be assessed as part of the Community Trail Design Study, as Groh Drive is proposed to be closed in this location and converted to a 16 community trail. Groh Drive will remain open until Thomas Slee Drive is extended through the plan to the west of Groh Drive. However, a barrier is proposed at the intersection of Thomas Slee Drive and Groh Drive to ensure that there is not significant increased traffic on Groh Drive before it is converted to a community trail. A temporary road is proposed in the plan, to provide secondary access, until Thomas Slee Drive can be extended across Groh Drive. Environmental Monitorina A monitoring program is required in both the Doon South Subwatershed Plan and the Greenspace Management Plan (Doon South Community Plan). The purpose of the monitoring program is to aid in determining whether the objectives of the Subwatershed Management Plan are being achieved until the system has stabilized. Conditions have been incorporated into the draft approval which require submission of a monitoring and response program detailing "during development" and "post development" timelines. The program is required prior to registration to the satisfaction of the City of Kitchener, in consultation with the Grand River Conservation Authority and the Regional Municipality of Waterloo. There will also be requirements included in the City of Kitchener subdivision agreement for the developer to implement the monitoring and response program. Comments from Neiahbourhood Circulation Three comments were received from the neighbourhood circulation. The issues raised are summarized below with staff comments. Impact on Wildlife - This is a common concern among residents adjacent to new developments. City staff always ensure that as many natural linkages as possible are maintained in order to permit wildlife to move/travel in their natural environment. It is acknowledged that new development does result in the movement of some animals, but that the animals do adjust to new habitats relatively easily. Impact on Rural Roads - It is noted that several roads in this area, including Stauffer Drive and Groh Drive adjacent to this plan, are to be closed and converted to scenic trails once appropriate connecting roads are extended through the community. City staff will endeavour to minimize traffic use on the roads to maintain their integrity until they are converted to trails. Increased Garbage - This is a behavioural issue which can be helped with public education. City staff do provide clean up of garbage on all city roads as necessary. Concerns about well water quality - While City staff do not anticipate any impact on adjacent private wells, a standard condition of draft approval has been included that requires the developer to be responsible for rectifying any problems that may occur over an extended time period. Dodge Drive- The road network in this area will be considered/finalized as part of the Doon South Phase 2 Community Plan process. As these lands are designated for development in the Municipal Plan, there will be some impact on the existing road network as a result of development. Surface Water Run off - The stormwater management plan ensures that all surface drainage is managed within the plan limits and the there should be no impact on adjacent properties. 17 Adjacent lands - It is not been determined at this time how the "additional lands owned by the applicant" will be developed as these lands are in the Doon South Community Plan - Phase 2, which has not been finalized. Area residents will be circulated any draft plans for these lands at which time lot sizes, potential buffers etc. will be considered. FINANCIAL IMPLICATIONS: There will be immediate and ongoing Operations costs for the maintenance of the open space, parkland, streets, walkways and underground services. In the long term, there will be repair and replacement costs for all of the foregoing. COMMUNICATION: Aaency and Department Circulation This plan was circulated to all required agencies and city departments. The comments received have either been addressed or included as conditions of draft approval. Neiahbourhood Circulation The plan was circulated to all property owners within 120 metres of the subject lands as per Planning Act requirements and was advertised in the Kitchener Waterloo Record on October 28, 2005. In accordance with Council policy the draft approval report was recirculated to all property owners within 120 metres as it has been more than a year since the initial circulation. CONCLUSION: City staff recommend that Plan of Subdivision 30T-03203, Zone Change Application ZC 03/20/G/DR, Municipal Plan Amendment MP 03/03/G/DR and the Community Plan Amendment be approved. Della Ross, M.A., MCIP, RPP Senior Planner Jeff Willmer, MCIP, RPP Director of Planning Attachments Plan of Subdivision 30T -03203 Propose Zoning By-law (ZC 03/20/G/DR) Proposed Municipal Plan Amendment MP 03/03/G/DR Community Plan Amendment Newspaper Advertisement Appendix A - Department/Agency Comments Appendix B - Neighbourhood Comments 18